This book sets out a new understanding of the penal law of a liberal
legal order. The prevalent view today is that the penal law is best
understood from the standpoint of a moral theory concerning when it is
fair to blame and censure an individual character for engaging in
proscribed conduct. By contrast, this book argues that the penal law
is best understood by a political and constitutional theory about when
it is permissible for the state to restrain and confine a free agent.
The book's thesis is that penal action by public officials is
permissible force rather than wrongful violence only if it could be
accepted by the agent as being consistent with its freedom. There are,
however, different conceptions of freedom, and each informs a
theoretical paradigm of penal justice generating distinctive
constraints on state coercion. Although this plurality of paradigms
creates an appearance of fragmentation and contradiction in the law,
the author argues that the penal law forms a complex whole uniting the
constraints on punishment flowing from each paradigm.
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Produktdetaljer
ISBN
9780191633287
Publisert
2026
Utgave
1. utgave
Utgiver
Oxford University Press Academic UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter